Common use of Making the Advances Clause in Contracts

Making the Advances. (a) Each Borrowing (other than with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline Advances) shall be made on notice, given not later than 11:00 A.M. on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt written notice. Each such notice of a Borrowing under this Section 2.02 (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing, or fax in substantially the form of Exhibit A hereto, specifying therein the requested (i) Borrowing Date for such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Lender shall, before 12:00 noon on the applicable Borrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at the Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower in such manner as the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative Agent.

Appears in 4 contracts

Samples: Credit Agreement (Southwestern Electric Power Co), Credit Agreement (Southwestern Electric Power Co), Credit Agreement (American Electric Power Co Inc)

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Making the Advances. (a) Each Borrowing (other than with respect to Swingline Advances) shall be Except as otherwise provided in an amount not less than $10,000,000 (or, if less, the Available Commitments at such timeSection 2.02(b) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each 2.03, each Borrowing (other than with respect to Swingline Advances) shall be made on notice, given not later than 11:00 A.M. (Charlotte, North Carolina time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt written noticenotice thereof. Each such notice of a Borrowing under this Section 2.02 (a “Notice of Borrowing”) shall be in writing, or by telephone, confirmed immediately promptly in writing, or fax telex or telecopier, in substantially the form of Exhibit A B hereto, specifying therein the requested (i) Borrowing Date for date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing, Borrowing and (ivv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Appropriate Lender shall, before 12:00 noon 11:00 A.M. (Charlotte, North Carolina time) in the case of a Borrowing consisting of Eurodollar Rate Advances and 2:00 P.M. (Charlotte, North Carolina time) in the case of a Borrowing consisting of Base Rate Advances, in each case on the applicable Borrowing Datedate of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Datein accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower in by crediting the Borrower’s Account no later than 2:00 P.M. (Charlotte, North Carolina time) on the date of such manner as the Borrower shall have specified Borrowing); provided, however, that, in the applicable Notice case of Borrowing any Revolving Credit Borrowing, the Administrative Agent shall first apply such funds to prepay ratably the aggregate principal amount of any Swing Line Advances and L/C Credit Extensions outstanding at such time, together with interest accrued and unpaid thereon to and as shall be reasonably acceptable to the Administrative Agentof such date.

Appears in 3 contracts

Samples: Credit Agreement (CBRL Group Inc), Credit Agreement (CBRL Group Inc), Credit Agreement (Cracker Barrel Old Country Store, Inc)

Making the Advances. (a) Each Borrowing (other than with respect Revolving Credit Borrowing, each conversion of Revolving Credit Advances from one Type to Swingline Advances) shall be in an amount not less than $10,000,000 (orthe other, if less, the Available Commitments at such time) or an integral multiple and each continuation of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline Advances) Term SOFR Loans shall be made on noticeupon the applicable Borrower’s irrevocable notice to the Agent, which may be given by (x) telephone or (y) a Committed Advance Notice; provided that any telephonic notice must be confirmed immediately by delivery to the Agent of a Committed Advance Notice. Each such Committed Advance Notice must be received by the Agent not later than 11:00 A.M. on the third a.m. (i) three Business Day Days prior to the requested date of the proposed any Borrowing in the case of, conversion to or continuation of a Borrowing consisting of Eurodollar Rate Term SOFR Advances, or not later than 9:30 A.M. and (ii) on the requested date of the proposed any Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt written noticeLoans. Each such notice Borrowing of, conversion to or continuation of Term SOFR Loans shall be in a minimum principal amount of $2,500,000. Except as provided in Sections 2.02(c), 2.03(c) and 2.04(c), each Borrowing under this Section 2.02 of or conversion to Base Rate Advances shall be in a minimum principal amount of $500,000. Each Committed Advance Notice (a “Notice of Borrowing”whether telephonic or written) shall be by telephone, confirmed immediately in writing, or fax in substantially the form of Exhibit A hereto, specifying therein the requested specify (i) whether the applicable Borrower is requesting a Revolving Credit Borrowing Date for such Borrowing, a conversion of Revolving Credit Advances from one Type to the other, or a continuation of a Term SOFR Advance, (ii) Type the requested date of Advances comprising such the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (iii) aggregate the principal amount of such BorrowingAdvances to be borrowed, and converted or continued, (iv) the Type of Advances to be borrowed or to which existing Revolving Credit Advances are to be converted and (v) if applicable, the duration of the Interest Period with respect thereto. If a Borrower fails to specify a Type of Advance in a Committed Advance Notice or if a Borrower fails to give a timely notice requesting a conversion or continuation, then the case applicable Revolving Credit Advances shall be made as, or converted to, a Base Rate Advance. Any such automatic conversion to Base Rate Advances shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Term SOFR Advances. If a Borrower requests a Borrowing consisting of, conversion to, or continuation of Eurodollar Rate AdvancesTerm SOFR Advances in any such Committed Advance Notice, the initial but fails to specify an Interest Period, it will be deemed to have specified an Interest Period for each such Advance. Each Lender shall, before 12:00 noon on the applicable Borrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at the Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower in such manner as the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative Agentone month.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rayonier Advanced Materials Inc.)

Making the Advances. (a) Each Borrowing (other than with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing The Borrower shall give notice to the Administrative Agent, (other than with respect to Swingline Advancesi) shall be made on notice, given not later than 11:00 A.M. on the third three (3) Business Day Days prior to the date of the proposed applicable Borrowing in the case Date, of a Borrowing consisting of Eurodollar Rate Advances, or (ii) not later than 9:30 A.M. on the date of the proposed applicable Borrowing Date, in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to and the Administrative Agent, which Agent shall give to each Lender prompt written noticenotice of such Borrowing. Each such notice of a Borrowing under this Section 2.02 (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing, or fax in substantially the form of Exhibit A hereto, specifying therein the requested (i) Borrowing Date for such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Lender shall, before 12:00 noon Noon on the applicable Borrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at the Agent’s Account, in same day funds, such LenderXxxxxx’s ratable portion of the Borrowing to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.02, the Administrative Agent will promptly make such funds available to the Borrower in such manner as the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (AEP Texas Inc.)

Making the Advances. (a) Each Except as otherwise provided in Section 2.02(b) or 2.03 and except in respect of Advances made on the date of the Initial Extension of Credit, in which case notice will be given on the date of such Initial Extension of Credit, each Borrowing (other than with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline Advancesa Swing Line Borrowing) shall be made on notice, given not later than 11:00 A.M. (Charlotte, North Carolina time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. on the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt written noticenotice thereof by telex or telecopier. Each such notice of a Borrowing under this Section 2.02 (a "Notice of Borrowing") shall be by telephone, confirmed immediately promptly in writing, or fax by telex or telecopier, in substantially the form of Exhibit A B hereto, specifying therein the requested (i) Borrowing Date for date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing, Borrowing and (ivv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Appropriate Lender shall, before 12:00 noon 11:00 A.M. (Charlotte, North Carolina time) on the applicable Borrowing Datedate of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of the Borrowing to be made on such Borrowing Datein accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower by crediting the Borrower's Account; provided, however, that, in the case of any Working Capital Borrowing, the Administrative Agent shall first make a portion of such manner funds equal to the aggregate principal amount of any Swing Line Advances and Letter of Credit Advances made by the Swing Line Bank or the Issuing Bank, as the Borrower shall have specified case may be, and, in the applicable Notice case of Borrowing Letter of Credit Advances, by any other Working Capital Lender and outstanding on the date of such Working Capital Borrowing, plus interest accrued and unpaid thereon to and as shall be reasonably acceptable of such date, available to the Administrative AgentSwing Line Bank or the Issuing Bank, as the case may be, and such other Working Capital Lenders for repayment of such Letter of Credit Advances.

Appears in 1 contract

Samples: Credit Agreement (Shoneys Inc)

Making the Advances. (a) Each a)Each Borrowing (other than with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline Advances) shall be made on notice, given not later than 11:00 A.M. 12:00 Noon (Cleveland, Ohio time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. 1:00 P.M. (Cleveland, Ohio time) on the date one Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt written noticenotice thereof by telex or telecopier. Each such notice of a Borrowing under this Section 2.02 (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing, or fax telex or telecopier or e-mail, in each case in substantially the form of Exhibit A B hereto, specifying therein the requested (i) Borrowing Date for date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Lender shall, before 12:00 noon Noon (Cleveland, Ohio time) on the applicable date of such Borrowing Datein the case of a Borrowing consisting of Eurodollar Rate Advances and 1:00 P.M. (Cleveland, Ohio time) on the date of such Borrowing in the case of a Borrowing consisting of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Datein accordance with the respective Commitments of such Lender and the other Lenders. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower in such manner as by crediting the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative AgentBorrower’s Account.

Appears in 1 contract

Samples: Credit Agreement (Summit Hotel Properties, Inc.)

Making the Advances. (a) Each Except as otherwise provided in Section 2.02(b) or 2.03 and except in respect of Advances made on the date of the Initial Extension of Credit, in which case notice will be given on the date of such Initial Extension of Credit, each Borrowing (other than with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline Advancesa Swing Line Borrowing) shall be made on notice, given not later than 11:00 A.M. (Charlotte, North Carolina time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. on the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Base Prime Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt written noticenotice thereof by telex or telecopier. Each such notice of a Borrowing under this Section 2.02 (a "Notice of Borrowing") shall be by telephone, confirmed immediately promptly in writing, or fax by telex or telecopier, in substantially the form of Exhibit A B hereto, specifying therein the requested (i) Borrowing Date for date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing, Borrowing and (ivv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Appropriate Lender shall, before 12:00 noon 11:00 A.M. (Charlotte, North Carolina time) on the applicable Borrowing Datedate of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of the Borrowing to be made on such Borrowing Datein accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower by crediting the Borrower's Account; provided, however, that, in the case of any Working Capital Borrowing, the Administrative Agent shall first make a portion of such manner funds equal to the aggregate principal amount of any Swing Line Advances and Letter of Credit Advances made by the Swing Line Bank or the Issuing Bank, as the Borrower shall have specified case may be, and, in the applicable Notice case of Borrowing Letter of Credit Advances, by any other Working Capital Lender and outstanding on the date of such Working Capital Borrowing, plus interest accrued and unpaid thereon to and as shall be reasonably acceptable of such date, available to the Administrative AgentSwing Line Bank or the Issuing Bank, as the case may be, and such other Working Capital Lenders for repayment of such Letter of Credit Advances.

Appears in 1 contract

Samples: Credit Agreement (Shoneys Inc)

Making the Advances. (a) Each Borrowing (other than with respect to Swingline Advances) shall be Except as otherwise provided in an amount not less than $10,000,000 (or, if less, the Available Commitments at such timeSection 2.02(b) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each 2.03, each Borrowing (other than with respect to Swingline Advances) shall be made on notice, given not later than 11:00 A.M. (New York City time) on (A) the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. on (B) the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances or (C) the first Canadian Business Day prior to the date of the proposed Borrowing, in the case of a Canadian Advance or (D) the third Canadian Business Day prior to the date of the proposed Borrowing in the case of Bankers' Acceptances and BA Equivalent Advances, in each case by the applicable Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt written noticenotice thereof by telecopier or electronic communication. Each such notice of a Borrowing under this Section 2.02 (a “Notice of Borrowing”"NOTICE OF BORROWING") shall be by telephone, confirmed immediately in writing, or fax by telecopier, in substantially the form of Exhibit A B-1 hereto, specifying therein the requested (i) Borrowing Date for date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing (in the case of a US Revolving Credit Borrowing), (iiiiv) aggregate amount of such Borrowing, and (ivv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance and the currency of each such Advance; provided, that for the first 20 Business Days after the Initial Borrowing Period, the Borrowers may only select Interest Periods of one month for any Term B Advance or Canadian Term B Advance that is a Eurodollar Rate Advance and (vi) in the case of a Borrowing consisting of Bankers' Acceptances and BA Equivalent Advances, the term of each such Advance. Each Appropriate Lender shall, before 12:00 noon 11:00 A.M. (New York City time) on the applicable Borrowing Datedate of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of the Borrowing to be made on such Borrowing Datein accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the applicable Borrower by crediting the Borrower's Account; provided, however, that in the case of any US Revolving Credit Borrowing, the Administrative Agent shall first make (x) a portion of such manner funds equal to the aggregate principal amount of any Canadian Revolving Credit Advances (other than any Bankers' Acceptance and any outstanding Notional Bankers' Acceptance) and Canadian Letter of Credit Advances made by any Canadian Lender or any Canadian Issuing Bank, as the Borrower case may be, and by any other US Revolving Credit Lender and outstanding on the date of such US Revolving Credit Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to such Canadian Lender or such Canadian Issuing Bank, as the case may be, and such other US Revolving Credit Lenders for repayment of such Canadian Revolving Credit Advances and Canadian Letter of Credit Advances, (y) a portion of such funds equal to the aggregate principal amount of any US Revolving Letter of Credit Advances and any Swing Line Advances made by any Swing Line Bank or any US Issuing Bank, as the case may be, and by any other US Revolving Credit Lender and outstanding on the date of such US Revolving Credit Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to such Swing Line Bank or US Issuing Bank, as the case may be, and such other US Revolving Credit Lenders for repayment of such US Revolving Letter of Credit Advances and Swing Line Advances and (z) a portion of such funds equal to the Face Amount of any Bankers' Acceptance and any outstanding Notional Bankers' Acceptance made by any Lender outstanding on the date of such US Revolving Credit Borrowing shall have specified be deposited in the applicable Notice BA Collateral Account, and will be made available to such Lenders for repayment of Borrowing outstanding Bankers' Acceptances and BA Equivalent Advances, as shall be reasonably acceptable to the Administrative Agentcase may be, upon the final maturity of such Bankers' Acceptances and BA Equivalent Advances.

Appears in 1 contract

Samples: Credit Agreement (Laidlaw International Inc)

Making the Advances. (a) Each Borrowing (other than with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing The Borrower shall give notice to the Administrative Agent, (other than with respect to Swingline Advancesi) shall be made on notice, given not later than 11:00 A.M. on the third three (3) Business Day Days prior to the date of the proposed applicable Borrowing in the case Date, of a Borrowing consisting of Eurodollar Rate Advances, or (ii) not later than 9:30 A.M. on the date of the proposed applicable Borrowing Date, in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to and the Administrative Agent, which Agent shall give to each Lender prompt written noticenotice of such Borrowing. Each such notice of a Borrowing under this Section 2.02 (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing, or fax in substantially the form of Exhibit A hereto, specifying therein the requested (i) Borrowing Date for such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Lender shall, before 12:00 noon Noon on the applicable Borrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at the Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.01, the Administrative Agent will promptly make such funds available to the Borrower in such manner as the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Ohio Power Co)

Making the Advances. (a) Each Except as otherwise provided in the last sentence of Section 2.01(b) or in the case of the Term B-1 Borrowing on the Effective Date which shall require the delivery of a Notice of Borrowing (other than with respect to Swingline Advanceshereinafter defined) shall be at any time on or before the Effective Date without the necessity of more advance notice as otherwise required in an amount not less than $10,000,000 (orthis Section 2.02(a), if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each each Borrowing (other than with respect to Swingline Advances) shall be made on notice, given not later than 11:00 A.M. (New York City time) on (x) in regard to a Borrowing in an aggregate amount less than or equal to $25,000,000, the third tenth (10th) Business Day prior to the date of the proposed Borrowing, and (y) in regard to a Borrowing in an aggregate amount in excess of $25,000,000, the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. on twentieth (20th) Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt written noticenotice (but in any event by no later than 3:00 P.M. on the date it receives such notice from the Borrower) thereof by telecopier. Each such notice of a Borrowing under this Section 2.02 (a “Notice of Borrowing”"NOTICE OF BORROWING") shall be by telephone, confirmed immediately in writing, or fax telecopier, in substantially the form of Exhibit A EXHIBIT B hereto, specifying therein the requested (i) Borrowing Date for date of such Borrowing, (ii) Type of Advances comprising such Borrowing, and (iii) aggregate amount of such Borrowing. For avoidance of doubt, any Borrowing on the Effective Date in an amount equal to or less than the aggregate amount of the Term B-1 Commitments shall be deemed to be a Term B-1 Borrowing, and the amount of any Borrowing on the Effective Date in excess of the aggregate amount of the Term B-1 Commitment shall be deemed to be a Term B-2 Borrowing. No more than one Notice of Borrowing may be in effect at any time. Each Appropriate Lender shall, before 1:00 P.M. (ivNew York City time) on the Effective Date, in the case of a Borrowing consisting of Eurodollar Rate Advancesthe Term B-1 Borrowing, the initial Interest Period for each such Advance. Each Lender shall, before 12:00 noon or on the applicable Borrowing Dateother date of such Borrowing, in the case of each Term B-2 Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of the Borrowing to be made on such Borrowing Datein accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower in such manner as by crediting the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative AgentBorrower's Account.

Appears in 1 contract

Samples: Credit Agreement (Trump Entertainment Resorts Holdings Lp)

Making the Advances. (a) Each Borrowing (other than with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (or, if lessExcept as otherwise provided herein, the Available Commitments at Borrower may request the Lenders to make Advances to the Borrower no more frequently than once per week (or such time) or an integral multiple greater number of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day times as may be agreed by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline AdvancesAdministrative Agent) shall be made on notice, given not later than 11:00 A.M. on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower delivery to the Administrative Agent, which shall give to each Lender prompt Agent of a written notice. Each such notice of a Borrowing under this Section 2.02 such request substantially in the form of Exhibit B to the Agency Fee Letter (each such notice, a “Notice of Borrowing”), not later than 3:00 P.M. (New York City time) shall be by telephone, confirmed immediately in writing, or fax in substantially two (2) Business Days prior to the form of Exhibit A hereto, specifying therein the requested (i) Borrowing Date for such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Lender shall, before 12:00 noon on the applicable proposed Borrowing Date, make available for the account together with a duly completed Borrowing Base Certificate, signed by a Responsible Officer and including a Schedule of its Applicable Lending Office to Eligible Collateral and Schedule of Ineligible Collateral. Any Notice of Borrowing or Borrowing Base Certificate received by the Administrative Agent at after the Agent’s Account, time specified in same day funds, such Lender’s ratable portion of the Borrowing immediately preceding sentence shall be deemed to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, have been received by the Administrative Agent will promptly make such funds available on the next Business Day, and to the Borrower extent that results in the proposed Borrowing Date being earlier than two (2) Business Days after the date of delivery of such Notice of Borrowing, then the date specified in such manner Notice of Borrowing as the Borrower proposed Borrowing Date of an Advance shall have be deemed to be the Business Day immediately succeeding the proposed Borrowing Date of such Advance originally specified in such Notice of Borrowing. The proposed Borrowing Date specified in a Notice of Borrowing shall be no earlier than two (2) Business Days after the applicable date of delivery of such Notice of Borrowing and as may be up to a maximum of thirty (30) days after the date of delivery of such Notice of Borrowing. Unless otherwise provided herein, each Notice of Borrowing shall be reasonably acceptable to irrevocable and shall specify (i) the Administrative Agentaggregate principal amount of the Advance requested, and (ii) the proposed Borrowing Date (which shall be a Business Day).

Appears in 1 contract

Samples: Credit Agreement (loanDepot, Inc.)

Making the Advances. (a) Each The initial Borrowing under the Facility shall be made by TRS, in an aggregate principal amount equal to $300,000,000, and the Advances to be made by each Lender as part of such initial Borrowing shall be made on the Closing Date. Not later than 12:00 Noon (other than New York time) at least 3 Business Days prior to the anticipated Closing Date, the Borrower shall give the Administrative Agent notice requesting such initial Borrowing on the Closing Date and specifying the Type of Advances to be made (which, with respect to Swingline Advances) the initial Borrowing on the Closing Date, shall be in an amount not less than $10,000,000 (oreither Eurodollar Rate Advances or Alternate Base Rate Advances), and if lesssuch Advances are to be Eurodollar Rate Advances, the Available Commitments at initial Interest Period for such time) or an integral multiple of $1,000,000 in excess thereof and Advances, which notice the Administrative Agent shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according promptly give to their respective Commitment Percentageseach Lender. Each Borrowing (other than with respect to Swingline Advances) made after the Closing Date shall be made on notice, given not later than 11:00 A.M. (x) 12:00 Noon (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting to be comprised of Eurodollar Rate Advances, or not later than 9:30 A.M. (y) 12:00 Noon (New York City time) on the date Business Day of the proposed Borrowing in the case of a Borrowing consisting to be comprised of Alternate Base Rate Advances, by the applicable Borrower to the Administrative Agent, which shall give to each Lender prompt written noticenotice thereof. Each such notice of a Borrowing under this Section 2.02 (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing, or fax telecopier or telex in substantially the form of Exhibit A B hereto, specifying therein the requested (i) Borrowing Date for date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, (iv) remittance instructions, and (ivv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Lender shallIf no election as to Type of Advances comprising such Borrowing is specified in any such Notice of Borrowing, before 12:00 noon on then such Advances shall be Alternate Base Rate Advances. If no Interest Period with respect to Eurodollar Rate Advances is specified in any such Notice of Borrowing, then the applicable Borrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at the Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower in such manner as the Borrower shall be deemed to have specified in the applicable Notice selected an Interest Period of Borrowing and as shall be reasonably acceptable to the Administrative Agentone month duration.

Appears in 1 contract

Samples: Credit Agreement (Rayonier Inc)

Making the Advances. (a) Each Borrowing (other than with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (or, if lessExcept as otherwise provided herein, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Borrower may request the Lenders to make Advances (other to the Borrower no more frequently than Swingline Advances) of the same Type made on the same day twice per week by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline Advances) shall be made on notice, given not later than 11:00 A.M. on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower delivery to the Administrative Agent, which shall give to each Lender prompt not later than 3:00 P.M. (New York City time) on any Business Day of a written notice. Each such notice of a Borrowing under this Section 2.02 such request substantially in the form of Exhibit B attached hereto (each such notice, a “Notice of Borrowing”) shall be ), together with a duly completed Borrowing Base Certificate, signed by telephone, confirmed immediately in writing, a Responsible Officer and including a Schedule of Assets. Any Notice of Borrowing or fax in substantially the form of Exhibit A hereto, specifying therein the requested (i) Borrowing Date for such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Lender shall, before 12:00 noon on the applicable Borrowing Date, make available for the account of its Applicable Lending Office to Base Certificate received by the Administrative Agent at after the Agent’s Account, time specified in same day funds, such Lender’s ratable portion of the Borrowing immediately preceding sentence shall be deemed to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, have been received by the Administrative Agent will promptly make such funds available on the next Business Day, and to the Borrower extent that results in the proposed Borrowing Date being earlier than two (2) Business Days after the date of delivery of such Notice of Borrowing, then the date specified in such manner Notice of Borrowing as the Borrower proposed Borrowing Date of an Advance shall have be deemed to be the Business Day immediately succeeding the proposed Borrowing Date of such Advance specified in such Notice of Borrowing. The proposed Borrowing Date specified in a Notice of Borrowing shall be no earlier than two (2) Business Days after the applicable date of delivery of such Notice of Borrowing and as may be up to a maximum of thirty (30) days after the date of delivery of such Notice of Borrowing. Unless otherwise provided herein, each Notice of Borrowing shall be reasonably acceptable to irrevocable and shall specify (i) the Administrative Agentaggregate principal amount of the Advance requested, and (ii) the Borrowing Date (which shall be a Business Day).

Appears in 1 contract

Samples: Credit Agreement (Caliber Home Loans, Inc.)

Making the Advances. (a) Each Borrowing (other than with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline Advances) Advance shall be made on notice, given to the Administrative Agent not later than 11:00 A.M. 10:00 a.m. (New York time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate AdvancesAdvance, or not later than 9:30 A.M. on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to and the Administrative Agent, which Agent shall give to each Lender prompt written noticenotice thereof. Each such The notice of a Borrowing under this Section 2.02 the drawing of each Advance (a “Notice of Borrowing”) shall be by telephonefacsimile, confirmed immediately in writing, or fax in substantially the form of Exhibit A B hereto, specifying therein the requested (i) Borrowing Date for such Borrowingthe requested date of the Advance, (ii) Type the aggregate amount of Advances comprising such Borrowingrequested Advance, (iii) aggregate amount of the initial Interest Period(s) for such BorrowingAdvance, and (iv) in appropriate wire transfer instructions, where the case proceeds of a Borrowing consisting of Eurodollar Rate Advancessuch Advance are to be deposited, or alternate disbursement instructions (which shall be acceptable to the initial Interest Period for each such AdvanceLenders). Each Lender shall, before 12:00 noon 11:00 a.m. (New York time) on the applicable Borrowing Datedate of such Advance, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of the Borrowing to be made on such Borrowing DateAdvance. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds the Advance available to the Borrower in such manner as the Borrower shall have specified in the applicable Borrower. The Notice of Borrowing and as shall be reasonably acceptable irrevocable and binding on the Borrower. The Borrower shall indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure to fulfill on or before the Administrative Agentdate specified in such Notice of Borrowing for such Advance the applicable conditions set forth in Article III, including, without limitation, any loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Lender to fund the Advance to be made by such Lender when such Advance, as a result of such failure, is not made on such date.

Appears in 1 contract

Samples: Diamond S Shipping Group, Inc.

Making the Advances. (a) Each Borrowing (other than with respect to Swingline Advances) shall be Except as otherwise provided in an amount not less than $10,000,000 (or, if less, the Available Commitments at such timeSection 2.02(b) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each 2.03, each Borrowing (other than with respect to Swingline Advances) shall be made on notice, given not later than 11:00 A.M. 12:00 P.M. Local time on (i) the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Eurocurrency Rate AdvancesAdvances (other than Eurocurrency Rate Advances for which the Borrower is requesting an interest period of nine or twelve months), (ii) the fourth Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurocurrency Rate Advances for which the Borrower requests an Interest Period of nine or not later than 9:30 A.M. on twelve months’ duration, as provided in the definition of “Interest Period” or (iii) the first Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt written noticenotice thereof (and, in the case of a request under clause (ii) above, the Administrative Agent shall inquire whether the requested Interest Pregis Credit Agreement Period is acceptable to each Appropriate Lender and shall notify the Borrower (which notice may be by telephone) not later than 12:00 P.M. three Business Days before the requested date of such Borrowing whether or not the requested Interest Period has been consented to by all the Appropriate Lenders). Each such notice of a Borrowing under this Section 2.02 (a “Notice of Borrowing”) shall may be by telephone or in writing or by telecopier, and, if by telephone, shall be confirmed immediately in writing, writing or fax by telecopier in substantially the form of Exhibit A B hereto, specifying therein the requested (iA) Borrowing Date for date of such Borrowing, (iiB) Facility under which such Borrowing is to be made, (C) Type of Advances comprising such Borrowing, (iiiD) aggregate amount of such Borrowing, and (ivE) in the case of a Borrowing consisting of Eurodollar Eurocurrency Rate Advances, the initial Interest Period for each such AdvanceAdvance and (F) in the case of a Borrowing consisting of Revolving Credit Advances, whether such Borrowing consists of Dollar Revolving Credit Advances or Euro Revolving Credit Advances or Pounds Sterling Revolving Credit Advances. Each Appropriate Lender shall, before 12:00 noon P.M. (Local time) on the applicable Borrowing Datedate of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Datein accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower in such manner as by crediting the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative AgentBorrower’s Account.

Appears in 1 contract

Samples: Credit Agreement (Hexacomb CORP)

Making the Advances. (a) Each Except as otherwise provided in Section 2.03, each Borrowing (other than with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline Advances) shall be made on notice, given not later than 11:00 A.M. on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, notice by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt written noticenotice thereof by telex or telecopier. Each such notice of a Borrowing under this Section 2.02 (a “Notice of Borrowing”) in respect of a Eurodollar Rate Advance shall be given not later than 1:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing, and each Notice of Borrowing in respect of a Base Rate Advance shall be given not later than 1:00 P.M. (New York City time) on the Business Day immediately prior to the date of the proposed Borrowing. Each Notice of Borrowing shall be by telephone, confirmed immediately in writing, or fax electronic mail (containing the Notice of Borrowing as an electronic attachment containing a hand-written signature, confirmed immediately by telephone or telecopier) or telecopier, in substantially the form of Exhibit A B hereto, specifying therein the requested (i) Borrowing Date for date of such Borrowing, (ii) Type of Advances Advance comprising such Borrowing, and (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Appropriate Lender shall, before 12:00 noon 1:00 P.M. (New York City time) on the applicable Borrowing Datedate of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Datein accordance with the respective Commitments under the Revolving Credit Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower in such manner as by crediting the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative AgentBorrower’s Account.

Appears in 1 contract

Samples: Credit Agreement (Grubb & Ellis Co)

Making the Advances. (a) Each Borrowing (other than with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Eurodollar Rate SOFR Advances (other than Swingline or Base Rate Advances) of , at the same Type Borrower’s option, made on the same day by the Lenders ratably according to their respective Commitment Percentages; provided that, if a Eurodollar RateSOFR Advance is unavailable under Section 2.08 or 2.12, such Borrowing shall consist of Base Rate Advances. Each Borrowing (other than with respect to Swingline Advances) shall be made on notice, given not later than 11:00 A.M. 1:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate RateSOFR Advances, or not later than 9:30 A.M. 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt written notice. Each such notice of a Borrowing under this Section 2.02 (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing, or fax in substantially the form of Exhibit A hereto, specifying therein the requested (i) Borrowing Date for such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing consisting of Eurodollar Rate RateSOFR Advances, the initial Interest Period for each such Advance. Each Lender shall, before 12:00 noon on the applicable Borrowing DateDate with respect to a Eurodollar RateSOFR Advance and before 2:00 P.M. on the applicable Borrowing Date with respect to a Base Rate Advance, make available for the account of its Applicable Lending Office to the Administrative Agent at the Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.02, the Administrative Agent will promptly make such funds available to the Borrower in such manner as the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative Agent. (b) Anything in subsection (a) above to the contrary notwithstanding, (i) the Borrower may not select Eurodollar RateSOFR Advances for any Borrowing if the aggregate amount of such Borrowing is less than $10,000,000 or if the obligation of the Lenders to make Eurodollar RateSOFR Advances shall then be suspended pursuant to Section 2.08(b), 2.08(e) or AmericasActive:16835968.

Appears in 1 contract

Samples: Credit Agreement (Ohio Power Co)

Making the Advances. (a) Each Borrowing (other than with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline Advances) shall be made on notice, given (i) (x) in the case of a Borrowing comprising Eurodollar RateTerm Benchmark Advances, not later than 11:00 A.M. a.m. (New York time) on the third U.S. Government Securities Business Day prior to the date of the proposed Borrowing Borrowing, or (y) in the case of an RFR Borrowing, if applicable, not later than 11:00 a.m. (New York time) on the fifth U.S. Government Securities Business Day prior to the date of the proposed Borrowing, and (ii) in the case of a Borrowing consisting of Eurodollar comprising Alternate Base Rate Advances, or not later than 9:30 A.M. 11:00 a.m. (New York time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate AdvancesBorrowing, by the Borrower to the Administrative Agent, which shall give to each Lender prompt written noticenotice thereof. Each such notice of a Borrowing under this Section 2.02 (a “Notice of Borrowing”) Borrowing by the Borrower shall be by telephoneemail or any other electronic manner reasonably acceptable to the Administrative Agent, confirmed immediately in writing, or fax in substantially the form of Exhibit A C hereto, specifying therein the requested (iA) Borrowing Date for date of such Borrowing, (iiB) Type of Advances comprising to be made in connection with such Borrowing, (iiiC) aggregate amount of such Borrowing, and (ivD) in the case of a Borrowing consisting of comprising Eurodollar Rate RateTerm Benchmark Advances, the initial Interest Period for each such Advance, which Borrowing shall be subject to the limitations stated in the definition of “Interest Period” in Section 1.01, and (E) the identity of the Borrower requesting such Borrowing. The Borrower may request that more than one Borrowing be made on any date. Each Lender shall, before 12:00 noon 1:00 p.m. (New York time) on the applicable Borrowing Datedate of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Agent’s Accountits address referred to in Section 8.02, in same day funds, such Lender’s ratable portion Percentage of the Borrowing to be made on such Borrowing DateBorrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower in such manner as the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to at the Administrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Firstenergy Corp)

Making the Advances. (a) Each Advance comprising a Borrowing (other than with respect to Swingline Advances) on the Closing Date or the Second Borrowing Date shall be in an aggregate amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentagesthereof. Each Borrowing (other than with respect to Swingline Advances) shall be made on noticepursuant to a Notice of Borrowing, given not later than 11:00 A.M. on the third Business Day prior to the date of Closing Date or the proposed Second Borrowing Date, as applicable, in the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. on the date of Closing Date or the proposed Second Borrowing Date, as applicable, in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt written noticenotice thereof. Each such notice of a Borrowing under this Section 2.02 (a “Such Notice of Borrowing”) Borrowing shall be by telephone, confirmed immediately in writing, or fax in substantially the form of Exhibit A hereto, specifying therein the requested (i) Borrowing Date for such Borrowing, (ii) Type Types of Advances comprising such Borrowing, (iiiii) aggregate amount of such Borrowing, and (iviii) in the case of a if such Borrowing consisting is comprised of Eurodollar Rate Advances, the initial Interest Period for each such Advance. For the avoidance of doubt, the Borrower may request in the Notice of Borrowing multiple Advances of different Types, and/or multiple Eurodollar Rate Advances with different initial Interest Periods, as part of such Borrowing, subject to Section 2.02(b). Each Lender shall, before 12:00 noon on the applicable Closing Date or the Second Borrowing Date, as applicable, make available for the account of its Applicable Lending Office to the Administrative Agent at the Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing DateBorrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower in such manner as the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative Agent.

Appears in 1 contract

Samples: Term Credit Agreement (AEP Transmission Company, LLC)

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Making the Advances. (a) Each Borrowing (other than with respect Revolving Credit Borrowing, each conversion of Revolving Credit Advances from one Type to Swingline Advances) shall be in an amount not less than $10,000,000 (orthe other, if less, the Available Commitments at such time) or an integral multiple and each continuation of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline Advances) Eurocurrency RateTerm SOFR Loans shall be made on noticeupon the applicable Borrower’s irrevocable notice to the Agent, which may be given by (x) telephone or (y) a Committed Advance Notice; provided that any telephonic notice must be confirmed immediately by delivery to the Agent of a Committed Advance Notice. Each such Committed Advance Notice must be received by the Agent not later than 11:00 A.M. on the third a.m. (i) three Business Day Days prior to the requested date of the proposed any Borrowing in the case of, conversion to or continuation of a Borrowing consisting of Eurodollar Rate Eurocurrency RateTerm SOFR Advances, or not later than 9:30 A.M. and (ii) on the requested date of the proposed any Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt written noticeLoans. Each such notice Borrowing of, conversion to or continuation of Eurocurrency RateTerm SOFR Loans shall be in a minimum principal amount of $2,500,000. Except as provided in Sections 2.02(c), 2.03(c) and 2.04(c), each Borrowing under this Section 2.02 of or conversion to Base Rate Advances shall be in a minimum principal amount of $500,000. Each Committed Advance Notice (a “Notice of Borrowing”whether telephonic or written) shall be by telephone, confirmed immediately in writing, or fax in substantially the form of Exhibit A hereto, specifying therein the requested specify (i) Borrowing Date for such whether the applicable Borrower is requesting a Revolving Credit Borrowing, a conversion of Revolving Credit Advances from one Type to the other, or a continuation of Eurocurrency Ratea Term SOFR Advance, (ii) Type the requested date of Advances comprising such the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (iii) aggregate the principal amount of such BorrowingAdvances to be borrowed, and converted or continued, (iv) the Type of Advances to be borrowed or to which existing Revolving Credit Advances are to be converted and (v) if applicable, the duration of the Interest Period with respect thereto. If a Borrower fails to specify a Type of Advance in a Committed Advance Notice or if a Borrower fails to give a timely notice requesting a conversion or continuation, then the case applicable Revolving Credit Advances shall be made as, or converted to, a Base Rate Advance. Any such automatic conversion to Base Rate Advances shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurocurrency RateTerm SOFR Advances. If a Borrower requests a Borrowing consisting of, conversion to, or continuation of Eurodollar Rate AdvancesEurocurrency RateTerm SOFR Advances in any such Committed Advance Notice, the initial but fails to specify an Interest Period, it will be deemed to have specified an Interest Period for each such Advance. Each Lender shall, before 12:00 noon on the applicable Borrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at the Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower in such manner as the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative Agentone month.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rayonier Advanced Materials Inc.)

Making the Advances. (a) Each Borrowing (other than Except as otherwise provided in Section 2.02(b) or Section 2.03(a) and except with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (orAdvances made pursuant to Section 2.03(c), if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each each Revolving Credit Borrowing (other than with respect to Swingline Advances) shall be made on notice, given not later than 11:00 (x) 10:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Eurodollar Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 4:00 P.M. (London time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or not later than 9:30 A.M. (z) 12:00 noon (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by the any Borrower to the Administrative Agent (and, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances, simultaneously to the Sub-Agent), which shall give to each Lender prompt written noticenotice thereof by facsimile. Each such notice of a Revolving Credit Borrowing under this Section 2.02 (a “Notice of Revolving Credit Borrowing”) shall be by telephone, confirmed immediately in writing, or fax facsimile in substantially the form of Exhibit A B hereto, specifying therein the requested (i) Borrowing Date for date of such Revolving Credit Borrowing, (ii) Type of Advances comprising such Revolving Credit Borrowing, (iii) aggregate amount of such Revolving Credit Borrowing, and (iv) in the case of a Revolving Credit Borrowing consisting of Eurodollar Eurocurrency Rate Advances, the initial Interest Period and currency for each such Advance; provided, however, that if any such notice shall fail to specify a currency, Dollars shall be deemed to have been specified. Each Lender shall, before 12:00 noon 2:00 P.M. (New York City time) on the applicable date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing Dateconsisting of Revolving Credit Advances denominated in Dollars, and before 4:00 P.M. (London time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing DateRevolving Credit Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the applicable Borrower requesting the Revolving Credit Borrowing at the Agent’s address referred to in such manner Section 9.02 or, in the case of a Revolving Credit Borrowing in a Committed Currency, at the applicable Payment Office, as the Borrower case may be; provided, however, that the Agent shall have specified in first make a portion of such funds equal to the applicable Notice aggregate principal amount of Borrowing any Swing Line Advances made by the Swing Line Banks and outstanding on the date of such Revolving Credit Borrowing, plus interest accrued and unpaid thereon to and as shall be reasonably acceptable of such date, available to the Administrative AgentSwing Line Banks for repayment of such Swing Line Advances.

Appears in 1 contract

Samples: Year Credit Agreement (Interpublic Group of Companies, Inc.)

Making the Advances. (a) Except as otherwise provided in Section 2.03, each Borrowing, each conversion of Advances from one Type to the other and each continuation of Eurodollar Rate Advances shall be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may be given by (A) telephone, or (B) a Committed Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery to the Administrative Agent of a Committed Loan Notice. Each such Committed Loan Notice must be received by the Administrative Agent not later than 11:00 a.m. (i) three Business Days prior to the requested date of any Borrowing of, conversion to or continuation of Eurodollar Rate Advances or of any conversion of Eurodollar Rate Advances to Base Rate Advances and (ii) on the requested date of any Borrowing of Base Rate Advances; provided, however, that if the Borrower wishes to request Eurodollar Rate Advances having an Interest Period other than one week, one month, two months, three months or six months in duration as provided in the definition of “Interest Period,” the applicable notice must be received by the Administrative Agent not later than 11:00 a.m. four Business Days prior to the requested date of such Borrowing, conversion or continuation, whereupon the Administrative Agent shall give prompt notice to the Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower makes a request pursuant to the proviso to the immediately preceding sentence, not later than 11:00 a.m., three Business Days before the requested date of such Borrowing, conversion or continuation, the Administrative Agent shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all the Lenders. Each Borrowing (other than with respect of, conversion to Swingline Advances) or continuation of Eurodollar Rate Advances shall be in an a principal amount not less than of $10,000,000 (or, if less, the Available Commitments at such time) 5,000,000 or an integral a whole multiple of $1,000,000 in excess thereof and thereof. Except as provided in Section 2.03(d), each Borrowing of or conversion to Base Rate Advances shall consist be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Each Notice of Borrowing, each notice of conversion of Advances (other than Swingline Advances) of the same from one Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline Advances) shall be made on notice, given not later than 11:00 A.M. on the third Business Day prior to the date other, and each notice of continuation of Eurodollar Rate Advances shall specify, as applicable, (i) whether the proposed Borrowing in Borrower is requesting a Borrowing, a conversion of Advances from one Type to the case of other, or a Borrowing consisting continuation of Eurodollar Rate Advances, or not later than 9:30 A.M. on (ii) the requested date of the proposed Borrowing in Borrowing, conversion or continuation, as the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, may be (which shall give to each Lender prompt written notice. Each such notice of be a Borrowing under this Section 2.02 (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing, or fax in substantially the form of Exhibit A hereto, specifying therein the requested (i) Borrowing Date for such Borrowing, (ii) Type of Advances comprising such BorrowingBusiness Day), (iii) aggregate the principal amount of such BorrowingBorrowing to be borrowed, converted or continued, (iv) the Type of Borrowing to be borrowed or to which existing Advances are to be converted, and (ivv) if applicable, the duration of the Interest Period with respect thereto. If the Borrower fails to specify a Type of Advance in a Committed Loan Notice or if the case Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Advance shall be made as, or converted to, Base Rate Advances. Any such automatic conversion to Base Rate Advance shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Advance. If the Borrower requests a Borrowing consisting of, conversion to, or continuation of Eurodollar Rate AdvancesAdvance in any such Committed Loan Notice, the initial but fails to specify an Interest Period, it will be deemed to have specified an Interest Period for each such Advance. Each Lender shall, before 12:00 noon on the applicable Borrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at the Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower in such manner as the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative Agentone month.

Appears in 1 contract

Samples: Credit Agreement (Kansas City Southern)

Making the Advances. (a) Each Borrowing (other than with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Eurodollar Rate Advances (other than Swingline or Base Rate Advances) of , at the same Type Borrower’s option, made on the same day by the Lenders ratably according to their respective Commitment Percentages; provided that, if a Eurodollar Rate Advance is unavailable under Section 2.08 or 2.12, such Borrowing shall consist of Base Rate Advances. Each Borrowing (other than with respect to Swingline Advances) shall be made on notice, given not later than 11:00 A.M. 1:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. 12:00 noon (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt written notice. Each such notice of a Borrowing under this Section 2.02 (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing, or fax in substantially the form of Exhibit A hereto, specifying therein the requested (i) Borrowing Date for such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Lender shall, before 12:00 noon on the applicable Borrowing DateDate with respect to a Eurodollar Rate Advance and before 2:00 P.M. on the applicable Borrowing Date with respect to a Base Rate Advance, make available for the account of its Applicable Lending Office to the Administrative Agent at the Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.02, the Administrative Agent will promptly make such funds available to the Borrower in such manner as the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Ohio Power Co)

Making the Advances. (a) Each Borrowing (other than with respect to Swingline Advances) shall be Except as otherwise provided in an amount not less than $10,000,000 (or, if less, the Available Commitments at such timeSection 2.02(b) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each 2.03, each Borrowing (other than with respect to Swingline Advances) shall be made on notice, given not later than 11:00 A.M. (Charlotte, North Carolina time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Appropriate Lender prompt written noticenotice thereof. Each such notice of a Borrowing under this Section 2.02 (a “Notice of Borrowing”"NOTICE OF BORROWING") shall be in writing, or by telephone, confirmed immediately in writing, or fax telex or telecopier, in substantially the form of Exhibit A B hereto, specifying therein the requested (i) Borrowing Date for date of such Borrowing, (ii) Facility under which such Borrowing is to be made, (iii) Type of Advances comprising such Borrowing, (iiiiv) aggregate amount of such Borrowing, Borrowing and (ivv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Appropriate Lender shall, before 12:00 noon Noon (Charlotte, North Carolina time) on the applicable Borrowing Datedate of such Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of the Borrowing to be made on such Borrowing Datein accordance with the respective Commitments under the applicable Facility of such Lender and the other Appropriate Lenders. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower in by crediting the Borrower's Account or by wire transfer of such manner as funds to an account specified by the Borrower shall have specified Borrower; provided, however, that, in the applicable Notice case of Borrowing any Revolving Credit Borrowing, the Administrative Agent shall first apply such funds to prepay ratably the aggregate principal amount of any Swing Line Advances and Letter of Credit Advances outstanding at such time, together with interest accrued and unpaid thereon to and as shall be reasonably acceptable to the Administrative Agentof such date.

Appears in 1 contract

Samples: Open Solutions Inc

Making the Advances. (a) Each Borrowing (other than with respect Revolving Credit Borrowing, each conversion of Revolving Credit Advances from one Type to Swingline Advances) shall be in an amount not less than $10,000,000 (orthe other, if less, the Available Commitments at such time) or an integral multiple and each continuation of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline Advances) Eurocurrency Rate Loans shall be made on noticeupon the applicable Borrower’s irrevocable notice to the Agent, which may be given by (x) telephone or (y) a Committed Advance Notice; provided that any telephonic notice must be confirmed immediately by delivery to the Agent of a Committed Advance Notice. Each such Committed Advance Notice must be received by the Agent not later than 11:00 A.M. on the third a.m. (i) three Business Day Days prior to the requested date of the proposed any Borrowing in the case of, conversion to or continuation of a Borrowing consisting of Eurodollar Eurocurrency Rate Advances, or not later than 9:30 A.M. and (ii) on the requested date of the proposed any Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt written noticeLoans. Each such notice Borrowing of, conversion to or continuation of Eurocurrency Rate Loans shall be in a minimum principal amount of $2,500,000. Except as provided in Sections 2.02(c), 2.03(c) and 2.04(c), each Borrowing under this Section 2.02 of or conversion to Base Rate Advances shall be in a minimum principal amount of $500,000. Each Committed Advance Notice (a “Notice of Borrowing”whether telephonic or written) shall be by telephone, confirmed immediately in writing, or fax in substantially the form of Exhibit A hereto, specifying therein the requested specify (i) Borrowing Date for such whether the applicable Borrower is requesting a Revolving Credit Borrowing, a conversion of Revolving Credit Advances from one Type to the other, or a continuation of Eurocurrency Rate Advance, (ii) Type the requested date of Advances comprising such the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (iii) aggregate the principal amount of such BorrowingAdvances to be borrowed, and converted or continued, (iv) the Type of Advances to be borrowed or to which existing Revolving Credit Advances are to be converted and (v) if applicable, the duration of the Interest Period with respect thereto. If a Borrower fails to specify a Type of Advance in a Committed Advance Notice or if a Borrower fails to give a timely notice requesting a conversion or continuation, then the case applicable Revolving Credit Advances shall be made as, or converted to, a Base Rate Advance. Any such automatic conversion to Base Rate Advances shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurocurrency Rate Advances. If a Borrower requests a Borrowing consisting of, conversion to, or continuation of Eurodollar Eurocurrency Rate AdvancesAdvances in any such Committed Advance Notice, the initial but fails to specify an Interest Period, it will be deemed to have specified an Interest Period for each such Advance. Each Lender shall, before 12:00 noon on the applicable Borrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at the Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower in such manner as the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative Agentone month.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rayonier Advanced Materials Inc.)

Making the Advances. (a) Each Borrowing (other than with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (or, if lessExcept as otherwise provided herein, the Available Commitments at Borrower may request the Lenders to make Advances to the Borrower no more frequently than once per week (or such time) or an integral multiple greater number of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day times as may be agreed by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline AdvancesAdministrative Agent) shall be made on notice, given not later than 11:00 A.M. on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower delivery to the Administrative Agent, which shall give to each Lender prompt Agent of a written notice. Each such notice of a Borrowing under this Section 2.02 such request substantially in the form of Exhibit B to the Agency Fee Letter (each such notice, a “Notice of Borrowing”) shall be by telephone), confirmed immediately in writing, or fax in substantially not later than [***]prior to the form of Exhibit A hereto, specifying therein the requested (i) Borrowing Date for such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Lender shall, before 12:00 noon on the applicable proposed Borrowing Date, make available for the account together with a duly completed Borrowing Base Certificate, signed by a Responsible Officer. Any Notice of its Applicable Lending Office to Borrowing or Borrowing Base Certificate received by the Administrative Agent at after the Agent’s Account, time specified in same day funds, such Lender’s ratable portion of the Borrowing immediately preceding sentence shall be deemed to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, have been received by the Administrative Agent will promptly make such funds available on [***], and to the Borrower extent that results in the proposed Borrowing Date being earlier than [***] after the date of delivery of such Notice of Borrowing, then the date specified in such manner Notice of Borrowing as the Borrower proposed Borrowing Date of an Advance shall have be deemed to be the [***] Borrowing Date of such Advance originally specified in such Notice of Borrowing. The proposed Borrowing Date specified in a Notice of Borrowing shall be no earlier than [***] after the applicable date of delivery of such Notice of Borrowing and as may be up to a maximum of [***] after the date of delivery of such Notice of Borrowing. Unless otherwise provided herein, each Notice of Borrowing shall be reasonably acceptable to irrevocable and shall specify (i) the Administrative Agentaggregate principal amount of the Advance requested, and (ii) the proposed Borrowing Date (which shall be a Business Day).

Appears in 1 contract

Samples: Credit Agreement (loanDepot, Inc.)

Making the Advances. (a) Each Borrowing (other than with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (or, if lessExcept as otherwise provided herein, the Available Commitments at Borrower may request the Lenders to make Advances to the Borrower no more frequently than [***] (or such time) or an integral multiple greater number of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day times as may be agreed by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline AdvancesAdministrative Agent) shall be made on notice, given not later than 11:00 A.M. on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 9:30 A.M. on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower delivery to the Administrative Agent, which shall give to each Lender prompt Agent of a written notice. Each such notice of a Borrowing under this Section 2.02 such request substantially in the form of Exhibit B to the Agency Fee Letter (each such notice, a “Notice of Borrowing”) shall be by telephone), confirmed immediately in writing, or fax in substantially not later than [***]prior to the form of Exhibit A hereto, specifying therein the requested (i) Borrowing Date for such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Lender shall, before 12:00 noon on the applicable proposed Borrowing Date, make available for the account together with a duly completed Borrowing Base Certificate, signed by a Responsible Officer and including a Schedule of its Applicable Lending Office to Eligible Collateral and Schedule of Ineligible Collateral. Any Notice of Borrowing or Borrowing Base Certificate received by the Administrative Agent at after the Agent’s Account, time specified in same day funds, such Lender’s ratable portion of the Borrowing immediately preceding sentence shall be deemed to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, have been received by the Administrative Agent will promptly make such funds available on the next Business Day, and to the Borrower extent that results in the proposed Borrowing Date being [***]after the date of delivery of such Notice of Borrowing, then the date specified in such manner Notice of Borrowing as the Borrower proposed Borrowing Date of an Advance shall have be deemed to be [***]. The proposed Borrowing Date specified in a Notice of Borrowing shall be no earlier than [***]the applicable date of delivery of such Notice of Borrowing and as may be up to a maximum of [***]of delivery of such Notice of Borrowing. Unless otherwise provided herein, each Notice of Borrowing shall be reasonably acceptable to irrevocable and shall specify (i) the Administrative Agentaggregate principal amount of the Advance requested, and (ii) the proposed Borrowing Date (which shall be a Business Day).

Appears in 1 contract

Samples: Credit Agreement (loanDepot, Inc.)

Making the Advances. (a) Except as otherwise provided in Section 2.03, each Borrowing, each conversion of Advances from one Type to the other and each continuation of Eurodollar Rate Advances shall be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may be given by (A) telephone, or (B) a Committed Loan Notice; provided that any telephonic notice must be confirmed promptly by delivery to the Administrative Agent of a Committed Loan Notice. Each such Committed Loan Notice must be received by the Administrative Agent not later than 11:00 a.m. (i) three Business Days prior to the requested date of any Borrowing of, conversion to or continuation of Eurodollar Rate Advances or of any conversion of Eurodollar Rate Advances to Base Rate Advances and (ii) on the requested date of any Borrowing of Base Rate Advances; provided, however, that if the Borrower wishes to request Eurodollar Rate Advances having an Interest Period other than one week, one month, two months, three months or six months in duration as provided in the definition of “Interest Period,” the applicable notice must be received by the Administrative Agent not later than 11:00 a.m. four Business Days prior to the requested date of such Borrowing, conversion or continuation, whereupon the Administrative Agent shall give prompt notice to the applicable Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. If the Borrower makes a request pursuant to the proviso to the immediately preceding sentence, not later than 11:00 a.m., three Business Days before the requested date of such Borrowing, conversion or continuation, the Administrative Agent shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all the applicable Lenders. Each Borrowing (other than with respect of, conversion to Swingline Advances) or continuation of Eurodollar Rate Advances shall be in an a principal amount not less than of $10,000,000 (or, if less, the Available Commitments at such time) 5,000,000 or an integral a whole multiple of $1,000,000 in excess thereof and thereof. Except as provided in Section 2.03(d), each Borrowing of or conversion to Base Rate Advances shall consist be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Each Notice of Borrowing, each notice of conversion of Advances (other than Swingline Advances) of the same from one Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline Advances) shall be made on notice, given not later than 11:00 A.M. on the third Business Day prior to the date other, and each notice of continuation of Eurodollar Rate Advances shall specify, as applicable, (i) whether the proposed Borrowing in Borrower is requesting a Borrowing, a conversion of Advances from one Type to the case of other, or a Borrowing consisting continuation of Eurodollar Rate Advances, or not later than 9:30 A.M. on (ii) the requested date of the proposed Borrowing in Borrowing, conversion or continuation, as the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, may be (which shall give to each Lender prompt written notice. Each such notice of be a Borrowing under this Section 2.02 (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing, or fax in substantially the form of Exhibit A hereto, specifying therein the requested (i) Borrowing Date for such Borrowing, (ii) Type of Advances comprising such BorrowingBusiness Day), (iii) aggregate the principal amount of such BorrowingBorrowing to be borrowed, converted or continued, (iv) the Type of Borrowing to be borrowed or to which existing Advances are to be converted, and (ivv) if applicable, the duration of the Interest Period with respect thereto. If the Borrower fails to specify a Type of Advance in a Committed Loan Notice or if the case Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Advance shall be made as, or converted to, Base Rate Advances. Any such automatic conversion to Base Rate Advance shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Advance. If the Borrower requests a Borrowing consisting of, conversion to, or continuation of Eurodollar Rate AdvancesAdvance in any such Committed Loan Notice, the initial but fails to specify an Interest Period, it will be deemed to have specified an Interest Period for each such Advance. Each Lender shall, before 12:00 noon on the applicable Borrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at the Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower in such manner as the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative Agentone month.

Appears in 1 contract

Samples: Credit Agreement (Kansas City Southern)

Making the Advances. (a) Each Borrowing (other than Except as otherwise provided in Section 2.02(b) or Section 2.03(a) and except with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (orAdvances made pursuant to Section 2.03(c), if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each each Revolving Credit Borrowing (other than with respect to Swingline Advances) shall be made on notice, given not later than 11:00 (x) 10:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Eurodollar Eurocurrency Rate AdvancesAdvances denominated in Dollars, (y) 4:00 P.M. (London time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or not later than 9:30 A.M. (z) 12:00 noon (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by the any Borrower to the Administrative Agent (and, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances, simultaneously to the Sub-Agent), which shall give to each Lender prompt written noticenotice thereof by facsimile. Each such notice of a Revolving Credit Borrowing under this Section 2.02 (a "Notice of Revolving Credit Borrowing") shall be by telephone, confirmed immediately in writing, or fax facsimile in substantially the form of Exhibit A B hereto, specifying therein the requested (i) Borrowing Date for date of such Revolving Credit Borrowing, (ii) Type of Advances comprising such Revolving Credit Borrowing, (iii) aggregate amount of such Revolving Credit Borrowing, and (iv) in the case of a Revolving Credit Borrowing consisting of Eurodollar Eurocurrency Rate Advances, the initial Interest Period and currency for each such Advance; provided, however, that if any such notice shall fail to specify a currency, Dollars shall be deemed to have been specified. Each Lender shall, before 12:00 noon 2:00 P.M. (New York City time) on the applicable date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing Dateconsisting of Revolving Credit Advances denominated in Dollars, and before 4:00 P.M. (London time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Agent’s 's Account, in same day funds, such Lender’s 's ratable portion of the Borrowing to be made on such Borrowing DateRevolving Credit Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the applicable Borrower requesting the Revolving Credit Borrowing at the Agent's address referred to in such manner Section 9.02 or, in the case of a Revolving Credit Borrowing in a Committed Currency, at the applicable Payment Office, as the Borrower case may be; provided, however, that the Agent shall have specified in first make a portion of such funds equal to the applicable Notice aggregate principal amount of Borrowing any Swing Line Advances made by the Swing Line Banks and outstanding on the date of such Revolving Credit Borrowing, plus interest accrued and unpaid thereon to and as shall be reasonably acceptable of such date, available to the Administrative AgentSwing Line Banks for repayment of such Swing Line Advances.

Appears in 1 contract

Samples: Credit Agreement (Interpublic Group of Companies Inc)

Making the Advances. (a) Each Borrowing (other than with respect to Swingline Advances) shall be in an amount not less than $10,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $1,000,000 in excess thereof and shall consist of Advances (other than Swingline Advances) of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing (other than with respect to Swingline Advances) shall be made on notice, given not later than 11:00 A.M. 12:00 Noon (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurodollar Rate Advances, or not later than 9:30 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Lender prompt written noticenotice thereof by telex or telecopier. Each such notice of a Borrowing under this Section 2.02 (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing, or fax telex or telecopier or e‑mail, in each case in substantially the form of Exhibit A B hereto, specifying therein the requested (i) Borrowing Date for date of such Borrowing, (ii) Type of Advances comprising such Borrowing, (iii) aggregate amount of such Borrowing, Borrowing and (iv) in the case of a Borrowing consisting of Eurodollar Rate Advances, the initial Interest Period for each such Advance. Each Lender shall, before 12:00 noon Noon (New York City time) on the applicable date of such Borrowing Datein the case of a Borrowing consisting of Eurodollar Rate Advances and 1:00 P.M. (New York City time) on the date of such Borrowing in the case of a Borrowing consisting of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Datein accordance with the respective Commitments of such Lender and the other Lenders. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such funds available to the Borrower in such manner as by crediting the Borrower shall have specified in the applicable Notice of Borrowing and as shall be reasonably acceptable to the Administrative AgentBorrower’s Account.

Appears in 1 contract

Samples: Term Loan Agreement (Easterly Government Properties, Inc.)

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